Docstoc

The npa's role in building confidence in the - Slide 1

Document Sample
The npa's role in building confidence in the - Slide 1 Powered By Docstoc
					      The NPA’s role in building confidence in
                     the CJS
                                    Group Number: 5
                                   Date: 30 March 2007



NATIONAL PROSECUTING AUTHORITY

Stakeholder Conference–March 2007
        justice • freedom • security
        Objectives and output of session
  • The Chairperson informed the group on what
    NPA is doing to combat crime
  • The Chairperson gave the overview of the
    session and introduced Ian as the project
    owner contracted by NPA to conduct survey
    (Resource)
  • To explore how the NPA should improve
    service delivery to its customers especially
    the victims of crime and witnesses, thus
    increasing confidence in the CJS.


NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
   Overview by project owner/presenter
  • Central to the strategic outcomes of the
    strategy of the NPA is the objective to build
    confidence in the CJS.
  • If the NPA optimises its services to its
    customers and delivers quality services
    public confidence in the CJS will increase.
  • If there is public confidence in the CJS citizen
    will report crimes knowing and trusting that
    the system will resolve it justly and speedily.
  • Those intending to commit crime will be
    discouraged, as they will have certainty that
    crime will be reported, that they will be
    caught and dealt with accordingly

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
     Discussion Phase 1: Issues & Concerns

  • General discussion notes:
  • The group discussed in details both
    concerns and root causes under the
    following perceptions:
  • Crime is out of control
  • People are treated uequally based on
    gender, race, language etc
  • Corruption
  • Inaccessibility to justice

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
    Discussion Phase 1: Issues & Concerns
   •   Justice delayed is justice denied
   •   Non availability of witness protection
   •   Lack of trust in the system
   •   Secondary victimization
   •   Abuse of power “untouchables” though NPA is supposed to
       prosecute without fear and prejudice
   •   Victims’ s voices to be heard
   •   Integrity of NPA officials i.e nepotism
   •   The accusatorial system makes the court environment
       unfriendly, harsh & insensitive
   •   Poor customer management due to lack of training
   •   Lack of outreach programmes – legal education
   •    Lack of feedback to victims by NPA
   •   Lack of communication
   •   Statistics – cases are driven by achieving good stats
   •   Victim Charter not adhered to


NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
     Discussion Phase 1: Issues & Concerns
                    (cont.)
  • Key points as agreed by group:
  • The main issues/ concerns undermining confidence
    in the CJS are:
  • Lack of trust,
  • Lack of respect and
  • Lack of access
  • Lack of capacity to give feedback
  • Lack of coordination
  • Court preparation not enough
  • Lack of accountability – missing dockets
  • Importance of statement taken by police – poor


NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
              Discussion Phase 2: Diagnosis
                   (root causes) (cont.)
  • Key points as agreed by group:
  • The main factors contributing to lack of trust/
    perception of bias is the lack of accountability,
        – lack of responsibility, inequality before the law,
        – lack of role clarification, lack of feedback, transparency and
          communication resulting in poor customer management as
          well as systemic delays and caused by poor cooperation
          between partners
  • The main factors contributing to a lack of respect is
    poor customer management , low competence, lack
    of capacity, lack of sensitization, poor accountability,
    communication and feedback
  • Lack of access is caused by language barriers,
    diversity, capacity and poor customer management
        – Access also recognises delays and length of cases result in
          clients/witnesses not wanting to continue with cases
NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
               Discussion Phase 3
      Question 2 – proposed role of the NPA

  • It was agreed that NPA
    must be seen to
    prosecute criminals
    without fear, favor and
    prejudice


NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
              Discussion Phase 2: Diagnosis
                      (root causes)
  • General discussion notes:
  • Right people not recruited, selection and
    utilization of staff and management of staff
  • Quality control by prosecutor guided
    investigation
  • Impact of decisions taken by various
    stakeholders to other stakeholders
  • Perception of “silofication”
  • Impact of different cultures in the criminal
    justice system

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
               Discussion Phase 3
      Question 2 – proposed role of the NPA
  • The lack of trust can be addressed if the NPA ensures
    accountability, clarification of roles and responsibilities, equality
    before the law, feedback to customers, proper communication
    and transparency.
     – There should be proper communication between the NPA
       and its partners.
     – Prosecutors should take ownership of their cases and
       ensure good quality investigations.
     – The NPA should be seen to prosecute without fear, favour
       and prejudice.
     – The NPA should develop and apply an integrated
       communication plan.
     – The NPA should follow a customer focused approach and
       should develop the capacity to ensure feedback to
       customers.
     – Training must be adapted to ensure that customer’s needs
       are addressed.
     – The NPA must develop and apply a customer management
       plan in cooperation and consultation with its partners.

NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
               Discussion Phase 3
      Question 2 – proposed role of the NPA
  • The lack of respect can similarly be addressed by an applied
    customer management plan as well as an applied
    communication plan.
     – There should be accountability and sanctions for non and
       poor performers.
     – The code of conduct should be well publicized in an effort
       to manage expectations and to set out roles and
       responsibilities.
     – The NPA should become an employer of choice and should
       recruit and retain the right people for the job.
     – The NPA should develop a culture to serve and an attitude
       to serve the public should be engrained in NPA officials.
     – Training should be adapted to ensure that “Batho pele
       principles and ubuntu are adhered to.
     – The NPA should contribute to proper case flow
       management and to ensure that all key role players are
       accountable in line with their roles and responsibilities.



NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
               Discussion Phase 3
      Question 2 – proposed role of the NPA
  • The lack of access should be addressed by proper
    customer management, roles and responsibilities to
    ensure access should be clarified.
     – The NPA should recognize that access delayed is
       access denied and the NPA should play its part in
       moving from a system of postponements to a
       system of finalization.
     – The NPA should cooperate with its partners In
       order to ensure that the NPA’s requirements are
       met, it should be set out and agreed upon in
       service level agreements or Memorunda of
       Understanding this will ensure accountability.
     – The NPA should contribute to resolve language
       barriers during statement taking at point of entry
       in the CJS, court testimony and court records.


NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security
     The NPA’s role in building confidence in
                    the CJS




                                   Thank You




NPA S t a k e h o l d e r C o n f e r e n c e - M a r c h 2 0 0 7   justice • freedom • security

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:4/13/2011
language:English
pages:13